Supreme Court Opinions

Format: 08/29/2014
Format: 08/29/2014
01S01-9408-CH-00076
Authoring Judge:
Trial Court Judge:
Supreme Court 10/16/95
State of Tennessee v. David Edward Howington
01S01-9407-CC-00073
Authoring Judge: Justice Adolpho A. Birch, Jr.
Trial Court Judge: Judge John A. Gasaway

The district attorney general refused to honor an informal immunity agreement1 made with David Edward Howington, the defendant. The reason stated for this refusal was the prosecutor's perception that Howington had not fulfilled his part of the bargain; that is, he had not testified truthfully at his preliminary hearing. He was subsequently tried and convicted of first-degree (felony) murder; he received a life sentence.

Montgomery County Supreme Court 10/09/95
03S01-9409-CR-00089
Authoring Judge:
Trial Court Judge: Douglas A. Meyer
Supreme Court 09/25/95
03S01-9407-CR-00069
Authoring Judge:
Trial Court Judge:
Union County Supreme Court 09/25/95
01S01-9502-CV-00021
Authoring Judge:
Trial Court Judge:
Supreme Court 09/25/95
Charlotte v. Broyles
01S01-9501-CV-00014
Authoring Judge:
Trial Court Judge:
Supreme Court 09/25/95
Nancy M. Cronin v. John W. Howe, M.D.
03S01-9406-CV-00053
Authoring Judge: Chief Justice Riley Anderson
Trial Court Judge: Judge Wheeler Rosenbalm

The issue in this appeal is whether the Tennessee savings statute1operates to save a medical malpractice action which was initially filed within the three-year statute of repose, but which was voluntarily dismissed and refiled beyond the three-year statute of repose.2 We hold that it does. The judgment of the Court of Appeals is reversed and the cause remanded to the trial court.

Supreme Court 09/15/95
03S01-9401-CR-00095
Authoring Judge:
Trial Court Judge: Mary Beth Leibowitz
Supreme Court 09/11/95
03S01-9502-CR-00011
Authoring Judge:
Trial Court Judge:
Supreme Court 09/11/95
03S01-9407-CH-00067
Authoring Judge:
Trial Court Judge: Earl H. Henley
Supreme Court 09/11/95
03S01-9401-CR-00095
Authoring Judge:
Trial Court Judge:
Supreme Court 09/11/95
02S01-9406-CH-00027
Authoring Judge:
Trial Court Judge:
Supreme Court 09/11/95
State of Tennessee v. Jerrell C. Livingston, State of Tennessee v. Steve Bundy, State of Tennessee v. John R. Tilley, & State of Tennessee v. David Johnson
01S01-9305-CR-00077
Authoring Judge: Special Justice Charles H. O'Brien
Trial Court Judge: Judge J. Randall Wyatt

We accepted the application for review filed pursuant to Rule 11, Tenn. R. App.P. In these four cases in order to determine whether the fresh-complaint doctrine recently modified in State v. Kendricks 1 applies in cases wherein a child is the victim of abuse. For the reasons below appearing, we hold that the fresh-complaint doctrine does not apply in such cases.

 

Davidson County Supreme Court 09/06/95